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Public Law 91 - 59691st Congress, S. 2193

December 29, 1970As amended by Public Law 101-552,

§3101, November 5, 1990

An Act

o assure safe and healthful working conditions for working men and women; by authorizing enforcement ofthe standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe andhealthful working conditions; by providing for research, information, education, and training in the field ofoccupational safety and health; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act maybe cited as the "Occupational Safety and Health Act of 1970."

CONGRESSIONAL FINDINGS AND PURPOSE

Section 2.The Congress finds that personal injuries and illnesses arising out of work situations impose a substantial burdenupon, and are a hindrance to, interstate commerce in terms of lost production, wage loss, medical expenses, anddisability compensation payments. (b) The Congress declares it to be its purpose and policy, through the exercise of its powers to regulate commerceamong the several States and with foreign nations and to provide for the general welfare, to assure so far as possibleevery working man and woman in the Nation safe and healthful working conditions and to preserve our humanresources -

(1) by encouraging employers and employees in their efforts to reduce the number of occupational safety andhealth hazards at their places of employment, and to stimulate employers and employees to institute new andto perfect existing programs for providing safe and healthful working conditions;(2) by providing that employers and employees have separate but dependent responsibilities and rights withrespect to achieving safe and healthful working conditions;

(3) by authorizing the Secretary of Labor to set mandatory occupational safety and health standards applicableto businesses affecting interstate commerce, and by creating an Occupational Safety and Health ReviewCommission for carrying out adjudicatory functions under the Act; (4) by building upon advances already made through employer and employee initiative for providing safeand healthful working conditions; (5) by providing for research in the field of occupational safety and health, including the psychologicalfactors involved, and by developing innovative methods, techniques, and approaches for dealing withoccupational safety and health problems;(6) by exploring ways to discover latent diseases, establishing causal connections between diseases and workin environmental conditions, and conducting other research relating to health problems, in recognition of thefact that occupational health standards present problems often different from those involved in occupationalsafety; (7) by providing medical criteria which will assure insofar as practicable that no employee will sufferdiminished health, functional capacity, or life expectancy as a result of his work experience; (8) by providing for training programs to increase the number and competence of personnel engaged in the

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field of occupational safety and health; (9) by providing for the development and promulgation of occupational safety and health standards; (10) by providing an effective enforcement program which shall include a prohibition against giving advancenotice of any inspection and sanctions for any individual violating this prohibition;

(11) by encouraging the States to assume the fullest responsibility for the administration and enforcementof their occupational safety and health laws by providing grants to the States to assist in identifying their needsand responsibilities in the area of occupational safety and health, to develop plans in accordance with theprovisions of this Act, to improve the administration and enforcement of State occupational safety and healthlaws, and to conduct experimental and demonstration projects in connection therewith; (12) by providing for appropriate reporting procedures with respect to occupational safety and health whichprocedures will help achieve the objectives of this Act and accurately describe the nature of the occupationalsafety and health problem; (13) by encouraging joint labor management efforts to reduce injuries and disease arising out of employment.

DEFINITIONS

Section 3.For the purposes of this Act -(1) The term "Secretary" means the Secretary of Labor. (2) The term "Commission" means the Occupational Safety and Health Review Commission established under thisAct. (3) The term "commerce" means trade, traffic, commerce, transportation, or communication among the severalStates, or between a State and anyplace outside thereof, or within the District of Columbia, or a possession of theUnited States (other than the Trust Territory of the Pacific Islands), or between points in the same State but througha point outside thereof. (4) The term "person" means one or more individuals, partnerships,associations, corporations, business trusts, legalrepresentatives, or any organized group of persons. (5) The term "employer" means a person engaged in a business affecting commerce who has employees, but doesnot include the United States or any State or political subdivision of a State (6) The term "employee" means anemployee of an employer who is employed in a business of his employer which affects commerce. (7) The term "State" includes a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands,American Samoa, Guam, and the Trust Territory of the Pacific Islands. (8) The term "occupational safety and health standard" means a standard which requires conditions, or theadoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary orappropriate to provide safe or healthful employment and places of employment. (9) The term "national consensus standard" means any occupational safety and health standard or modificationthere of which (1), has been adopted and promulgated by a nationally recognized standards-producing organizationunder procedures where by it can be determined by the Secretary that persons interested and affected by the scopeor provisions of the standard have reached substantial agreement on its adoption, (2) was formulated in a mannerwhich afforded an opportunity for diverse views to be considered and (3) has been designated as such a standardby the Secretary, after consultation with other appropriate Federal agencies. (10) The term "established Federal standard" means any operative occupational safety and health standardestablished by any agency of the United States and presently in effect, or contained in any Act of Congress in forceon the date of enactment of this Act. (11) The term "Committee" means the National Advisory Committee on Occupational Safety and Healthestablished under this Act. (12) The term "Director" means the Director of the National Institute for Occupational Safety and Health.

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(13) The term "Institute" means the National Institute for Occupational Safety and Health established under thisAct. (14) The term "Workmen's Compensation Commission" means the National Commission on State Workmen'sCompensation Laws established under this Act.

APPLICABILITY OF THIS ACT

Section 4. (a) This Act shall apply with respect to employment performed in a workplace in a State, the District of Columbia,the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Trust Territory of the PacificIslands, Wake Island, Outer Continental Shelf Lands defined in the Outer Continental Shelf Lands Act, JohnstonIsland, and the Canal Zone. The Secretary of the Interior shall, by regulation, provide for judicial enforcement ofthis Act by the courts established for areas in which there are no United States district courts having jurisdiction. (b) (1) Nothing in this Act shall apply to working conditions of employees with respect to which other Federal

agencies, and State agencies acting under section 274 of the Atomic Energy Act of 1954, as amended(42U.S.C. 2021), exercise statutory authority to prescribe or enforce standards or regulations affectingoccupational safety or health. (2) The safety and health standards promulgated under the Act of June 30, 1936, commonly known as theWalsh-Healey Act (41 U.S.C. 35 et seq.), the Service Contract Act of 1965 (41 U.S.C. 351 et seq.), Public Law91-54, Act of August 9, 1969 (40 U.S.C. 333), Public Law 85-742, Act of August 23, 1958 (33 U.S.C. 941), andthe National Foundation on Arts and Humanities Act (20 U.S.C. 951 et seq.) are superseded on the effectivedate of corresponding standards, promulgated under this Act, which are determined by the Secretary to bemore effective. Standards issued under the laws listed in this paragraph and in effect on or after the effectivedate of this Act shall be deemed to be occupational safety and health standards issued under this Act, as wellas under such other Acts. (3) The Secretary shall, within three years after the effective date of this Act, report to the Congress hisrecommendations for legislation to avoid unnecessary duplication and to achieve coordination between thisAct and other Federal laws.(4) Nothing in this Act shall be construed to supersede or in any manner affect any workmen's compensationlaw or to enlarge or diminish or affect in any other manner the common law or statutory rights, duties, orliabilities of employers and employees under any law with respect to injuries, diseases, or death of employeesarising out of, or in the course of, employment.

DUTIES

Section 5.(a) Each employer -

(1) shall furnish to each of his employees employment and a place of employment which are free fromrecognized hazards that are causing or are likely to cause death or serious physical harm to his employees;

(2) shall comply with occupational safety and health standards promulgated under this Act.

(b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and ordersissued pursuant to this Act which are applicable to his own actions and conduct.

OCCUPATIONAL SAFETY AND HEALTH STANDARDS

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Section 6.(a) Without regard to chapter 5 of title 5, United States Code, or to the other subsections of this section, theSecretary shall, as soon as practicable during the period beginning with the effective date of this Act and ending twoyears after such date, by rule promulgate as an occupational safety or health standard any national consensusstandard, and any established Federal standard, unless he determines that the promulgation of such a standardwould not result in improved safety or health for specifically designated employees. In the event of conflict amongany such standards, the Secretary shall promulgate the standard which assures the greatest protection of the safetyor health of the affected employees.

(b) The Secretary may by rule promulgate, modify, or revoke any occupational safety or health standard in thefollowing manner:

(1) Whenever the Secretary, upon the basis of information submitted to him in writing by an interestedperson, a representative of any organization of employers or employees, a nationally recognizedstandards-producing organization, the Secretary of Health, Education, and Welfare, the National Institute forOccupational Safety and Health, or a State or political subdivision, or on the basis of information developedby the Secretary or other wise available to him, determines that a rule should be promulgated in order to servethe objectives of this Act, the Secretary may request the recommendations of an advisory committeeappointed under section 7 of this Act. The Secretary shall provide such an advisory committee with anyproposals of his own or of the Secretary of Health, Education, and Welfare, together with all pertinent factualinformation developed by the Secretary or the Secretary of Health, Education, and Welfare, or other wiseavailable, including the results of research, demonstrations, and experiments. An advisory committee shallsubmit to the Secretary its recommendations regarding the rule to be promulgated within ninety days fromthe date of its appointment or within such longer or shorter period as may be prescribed by the Secretary, butin no event for a period which is longer than two hundred and seventy days. (2) The Secretary shall publish a proposed rule promulgating, modifying, or revoking an occupational safetyor health standard in the Federal Register and shall afford interested persons a period of thirty days afterpublication to submit written data or comments. Where an advisory committee is appointed and theSecretary determines that a rule should be issued, he shall publish the proposed rule within sixty days afterthe submission of the advisory committee's recommendations or the expiration of the period prescribed bythe Secretary for such submission. (3) On or before the last day of the period provided for the submission of written data or comments underparagraph (2), any interested person may file with the Secretary written objections to the proposed rule,stating the grounds there for and requesting a public hearing on such objections. Within thirty days after thelast day for filing such objections, the Secretary shall publish in the Federal Register a notice specifying theoccupational safety or health standard to which objections have been filed and a hearing requested, andspecifying a time and place for such hearing. (4) Within sixty days after the expiration of the period provided for the submission of written data orcomments under paragraph (2), or within sixty days after the completion of any hearing held under paragraph(3), the Secretary shall issue a rule promulgating, modifying, or revoking an occupational safety or healthstandard or make a determination that a rule should not be issued. Such a rule may contain a provisiondelaying its effective date for such period (not in excess of ninety days) as the Secretary determines may benecessary to insure that affected employers and employees will be informed of the existence of the standardand of its terms and that employers affected are given an opportunity to familiarize themselves and theiremployees with the existence of the requirements of the standard. (5) The Secretary, in promulgating standards dealing with toxic materials or harmful physical agents underthis subsection, shall set the standard which most adequately assures, to the extent feasible, on the basis ofthe best available evidence, that no employee will suffer material impairment of health or functional capacityeven if such employee has regular exposure to the hazard dealt with by such standard for the period of his

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working life. Development of standards under this subsection shall be based upon research, demonstrations,experiments, and such other information as may be appropriate. In addition to the attainment of the highestdegree of health and safety protection for the employee, other considerations shall be the latest availablescientific data in the field, the feasibility of the standards, and experience gained under this and other healthand safety laws. Whenever practicable, the standard promulgated shall be expressed in terms of objectivecriteria and of the performance desired. (6) (A) Any employer may apply to the Secretary for a temporary order granting a variance from a

standard or any provision thereof promulgated under this section. Such temporary order shall begranted only if the employer files an application which meets the requirements of clause (B) andestablishes that (i) he is unable to comply with a standard by its effective date because of unavailabilityof professional or technical personnel or of materials and equipment needed to come into compliancewith the standard or because necessary construction or alteration of facilities cannot be completed bythe effective date, (ii) he is taking all available steps to safeguard his employees against the hazardscovered by the standard, and (iii) he has an effective program for coming into compliance with thestandard as quickly as practicable. Any temporary order issued under this paragraph shall prescribe thepractices, means, methods, operations, and processes which the employer must adopt and use whilethe order is in effect and state in detail his program for coming into compliance with the standard.Such a temporary order may be granted only after notice to employees and an opportunity for ahearing: Provided, That the Secretary may issue one interim order to be effective until a decision ismade on the basis of the hearing. No temporary order may be in effect for longer than the periodneeded by the employer to achieve compliance with the standard or one year, which ever is shorter,except that such an order may be renewed not more that twice (I) so long as the requirements of thisparagraph are met and (II) if an application for renewal is filed at least 90 days prior to the expirationdate of the order. No interim renewal of an order may remain in effect for longer than 180 days. (B) An application for temporary order under this paragraph (6) shall contain:

(i) a specification of the standard or portion there of from which the employer seeks a variance,(ii) a representation by the employer, supported by representations from qualified persons havingfirst hand knowledge of the facts represented, that he is unable to comply with the standard orportion there of and a detailed statement of the reasons therefor,(iii) a statement of the steps he has taken and will take (with specific dates) to protect employeesagainst the hazard covered by the standard, (iv) a statement of when he expects to be able to comply with the standard and what steps hehas taken and what steps he will take (with dates specified) to come into compliance with thestandard, and (v) a certification that he has informed his employees of the application by giving a copy thereof to their authorized representative, posting a statement giving a summary of the applicationand specifying where a copy may be examined at the place or places where notices to employeesare normally posted, and by other appropriate means. A description of how employees havebeen informed shall be contained in the certification. The information to employees shall alsoinform them of their right to petition the Secretary for a hearing.

(C) The Secretary is authorized to grant a variance from any standard or portion there of wheneverhe determines, or the Secretary of Health, Education, and Welfare certifies, that such variance isnecessary to permit an employer to participate in an experiment approved by him or the Secretary ofHealth, Education, and Welfare designed to demonstrate or validate new and improved techniques tosafeguard the health or safety of workers.

(7) Any standard promulgated under this subsection shall prescribe the use of labels or other appropriateforms of warning as are necessary to insure that employees are apprised of all hazards to which they areexposed, relevant symptoms and appropriate emergency treatment, and proper conditions and precautionsof safe use or exposure. Where appropriate, such standard shall also prescribe suitable protective equipment

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and control or technological procedures to be used in connection with such hazards and shall provide formonitoring or measuring employee exposure at such locations and intervals, and in such manner as may benecessary for the protection of employees. In addition, where appropriate, any such standard shall prescribethe type and frequency of medical examinations or other tests which shall be made available, by the employeror at his cost, to employees exposed to such hazards in order to most effectively determine whether the healthof such employees is adversely affected by such exposure. In the event such medical examinations are in thenature of research, as determined by the Secretary of Health, Education, and Welfare, such examinations maybe furnished at the expense of the Secretary of Health, Education, and Welfare. The results of suchexaminations or tests shall be furnished only to the Secretary or the Secretary of Health, Education, andWelfare, and, at the request of the employee, to his physician. The Secretary, in consultation with theSecretary of Health, Education, and Welfare, may by rule promulgated pursuant to section 553 of title 5,United States Code, make appropriate modifications in the foregoing requirements relating to the use oflabels or other forms of warning, monitoring or measuring, and medical examinations, as may be warrantedby experience, information, or medical or technological developments acquired subsequent to thepromulgation of the relevant standard. (8) Whenever a rule promulgated by the Secretary differs substantially from an existing national consensusstandard, the Secretary shall, at the same time, publish in the Federal Register a statement of the reasons whythe rule as adopted will better effectuate the purposes of this Act than the national consensus standard.

(c) (1) The Secretary shall provide, without regard to the requirements of chapter 5, title 5, United States Code,for an emergency temporary standard to take immediate effect upon publication in the Federal Register if hedetermines (A) that employees are exposed to grave danger from exposure to substances or agentsdetermined to be toxic or physically harmful or from new hazards, and (B) that such emergency standard isnecessary to protect employees from such danger. (2) Such standard shall be effective until superseded by a standard promulgated in accordance with theprocedures prescribed in paragraph (3) of this subsection. (3) Upon publication of such standard in the Federal Register the Secretary shall commence a proceedingin accordance with section 6(b) of this Act, and the standard as published shall also serve as a proposed rulefor the proceeding. The Secretary shall promulgate a standard under this paragraph no later than six monthsafter publication of the emergency standard as provided in paragraph (2) of this subsection.

(d) Any affected employer may apply to the Secretary for a rule or order for a variance from a standardpromulgated under this section. Affected employees shall be given notice of each such application and anopportunity to participate in a hearing. The Secretary shall issue such rule or order if he determines on the record,after opportunity for an inspection where appropriate and a hearing, that the proponent of the variance hasdemonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations, orprocesses used or proposed to be used by an employer will provide employment and places of employment to hisemployees which are as safe and healthful as those which would prevail if he complied with the standard. The ruleor order so issued shall prescribe the conditions the employer must maintain, and the practices, means, methods,operations, and processes which he must adopt and utilize to the extent they differ from the standard in question.Such a rule or order may be modified or revoked upon application by an employer, employees, or by the Secretaryon his own motion, in the manner prescribed for its issuance under this subsection at any time after six monthsfrom its issuance.

(e) Whenever the Secretary promulgates any standard, makes any rule, order, or decision, grants any exemptionor extension of time, or compromises, mitigates, or settles any penalty assessed under this Act, he shall include astatement of the reasons for such action, which shall be published in the Federal Register.

(f) Any person who may be adversely affected by a standard issued under this section may at any time prior to the

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sixtieth day after such standard is promulgated file a petition challenging the validity of such standard with theUnited States court of appeals for the circuit where in such person resides or has his principal place of business, fora judicial review of such standard. A copy of the petition shall be forthwith transmitted by the clerk of the courtto the Secretary. The filing of such petition shall not, unless otherwise ordered by the court, operate as a stay of thestandard. The determinations of the Secretary shall be conclusive if supported by substantial evidence in the recordconsidered as a whole.

(g) In determining the priority for establishing standards under this section, the Secretary shall give due regard tothe urgency of the need for mandatory safety and health standards for particular industries, trades, crafts,occupations, businesses, workplaces or work environments. The Secretary shall also give due regard to therecommendations of the Secretary of Health, Education, and Welfare regarding the need for mandatory standardsin determining the priority for establishing such standards.

ADVISORY COMMITTEES; ADMINISTRATION

Section 7.(a) (1) There is hereby established a National Advisory Committee on Occupational Safety and Health consisting

of twelve members appointed by the Secretary, four of whom are to be designated by the Secretary of Health,Education, and Welfare, without regard to the provisions of title 5, United States Code, governingappointments in the competitive service, and composed of representatives of management, labor,occupational safety and occupational health professions, and of the public. The Secretary shall designate oneof the public members as Chairman. The members shall be selected upon the basis of their experience andcompetence in the field of occupational safety and health. (2) The Committee shall advise, consult with, and make recommendations to the Secretary and the Secretaryof Health, Education, and Welfare on matters relating to the administration of the Act. The Committee shallhold no fewer than two meetings during each calendar year. All meetings of the Committee shall be opento the public and a transcript shall be kept and made available for public inspection. (3) The members of the Committee shall be compensated in accordance with the provisions of section 3109of title 5, United States Code.

(4) The Secretary shall furnish to the Committee an executive secretary and such secretarial, clerical, andother services as are deemed necessary to the conduct of its business.

(b) An advisory committee may be appointed by the Secretary to assist him in his standard setting functions undersection 6 of this Act. Each such committee shall consist of not more than fifteen members and shall include as amember one of more designees of the Secretary of Health, Education, and Welfare, and shall include among itsmembers an equal number of persons qualified by experience and affiliation to present the view point of theemployers involved, and of persons similarly qualified to present the view point of the workers involved, as wellas one or more representatives of health and safety agencies of the States. An advisory committee may also includesuch other persons as the Secretary may appoint who are qualified by knowledge and experience to make a usefulcontribution to the work of such committee, including one or more representatives of professional organizationsof technicians or professionals specializing in occupational safety or health, and one or more representatives ofnationally recognized standards-producing organizations, but the number of persons so appointed to any suchadvisory committee shall not exceed the number appointed to such committee as representatives of Federal andState agencies. Persons appointed to advisory committees from private life shall be compensated in the samemanner as consultants or experts under section 3109 of title 5, United States Code. The Secretary shall pay to anyState which is the employer of a member of such a committee who is a representative of the health or safety agencyof that State, reimbursement sufficient to cover the actual cost to the State resulting from such representative's

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membership on such committee. Any meeting of such committee shall be open to the public and an accuraterecord shall be kept and made available to the public. No member of such committee (other than representativesof employers and employees) shall have an economic interest in any proposed rule.

(c) In carrying out his responsibilities under this Act, the Secretary is authorized to - (1) use, with the consent of any Federal agency, the services, facilities, and personnel of such agency, withor without reimbursement, and with the consent of any State or political subdivision thereof, accept and usethe services, facilities, and personnel of any agency of such State of subdivision with reimbursement; and (2) employ experts and consultants or organizations there of as authorized by section 3109 of title 5, UnitedStates Code, except that contracts for such employment may be renewed annually; compensate individualsso employed at rates not in excess of the rate specified at the time of service for grade G-18 under section5332 of title 5, United States Code, including travel time, and allow them while away from their homes orregular places of business, travel expenses (including per diem in lieu of subsistence) as authorized by section5703 of title 5, United States Code, for persons in the Government service employed intermittently, whileso employed.

INSPECTIONS, INVESTIGATIONS, AND RECORDKEEPING

Section 8.(a) In order to carry out the purposes of this Act, the Secretary, upon presenting appropriate credentials to theowner, operator, or agent in charge, is authorized -

(1) to enter without delay and at reasonable times any factory, plant, establishment, construction site, or otherarea, workplace or environment where work is performed by an employee of an employer; and (2) to inspect and investigate during regular working hours and at other reasonable times, and withinreasonable limits and in a reasonable manner, any such place of employment and all pertinent conditions,structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any suchemployer, owner, operator, agent or employee.

(b) In making his inspections and investigations under this Act the Secretary may require the attendance andtestimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees andmileage that are paid witnesses in the courts of the United States. In case of a contumacy, failure, or refusal of anyperson to obey such an order, any district court of the United States or the United States courts of any territory orpossession, within the jurisdiction of which such person is found, or resides or transacts business, upon theapplication by the Secretary, shall have jurisdiction to issue to such person an order requiring such person to appearto produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigationor in question, and any failure to obey such order of the court may be punished by said court as a contempt thereof.

(c) (1) Each employer shall make, keep and preserve, and make available to the Secretary or the Secretary ofHealth, Education, and Welfare, such records regarding his activities relating to this Act as the Secretary, incooperation with the Secretary of Health, Education, and Welfare,may prescribe by regulation as necessaryor appropriate for the enforcement of this Act or for developing information regarding the causes andprevention of occupational accidents and illnesses. In order to carry out the provisions of this paragraph suchregulations may include provisions requiring employers to conduct periodic inspections. The Secretary shallalso issue regulations requiring that employers, through posting of notices or other appropriate means, keeptheir employees informed of their protections and obligations under this Act, including the provisions ofapplicable standards. (2) The Secretary, in cooperation with the Secretary of Health, Education and Welfare, shall issue regulations

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requiring employers to maintain accurate records of, and to make periodic reports on, work-related deaths,injuries and illnesses other than minor injuries requiring only first aid treatment and which do not involvemedical treatment, loss of consciousness, restriction of work or motion, or transfer to another job. (3) The Secretary, in cooperation with the Secretary of Health, Education, and Welfare, shall issue regulationsrequiring employers to maintain accurate records of employee exposures to potentially toxic materials orharmful physical agents which are required to be monitored or measured under section 6. Such regulationsshall provide employees or their representatives with an opportunity to observe such monitoring ormeasuring, and to have access to the records there of. Such regulations shall also make appropriate provisionfor each employee or former employee to have access to such records as will indicate his own exposure totoxic materials or harmful physical agents. Each employer shall promptly notify any employee who has beenor is being exposed to toxic materials or harmful physical agents in concentrations or at levels which exceedthose prescribed by an applicable occupational safety and health standard promulgated under section 6, andshall inform any employee who is being thus exposed of the corrective action being taken.

(d) Any information obtained by the Secretary, the Secretary of Health, Education and Welfare, or a State agencyunder this Act shall be obtained with a minimum burden upon employers, especially those operating smallbusinesses. Unnecessary duplication of efforts in obtaining information shall be reduced to the maximum extentfeasible.

(e) Subject to regulations issued by the Secretary, a representative of the employer and a representative authorizedby his employees shall be given an opportunity to accompany the Secretary or his authorized representative duringthe physical inspection of any workplace under subsection (a) for the purpose of aiding such inspection. Wherethere is no authorized employee representative, the Secretary or his authorized representative shall consult with areasonable number of employees concerning matters of health and safety in the workplace.

(f) (1) Any employees or representative of employees who believe that a violation of a safety or health standardexists that threatens physical harm, or that an imminent danger exists, may request an inspection by givingnotice to the Secretary or his authorized representative of such violation or danger. Any such notice shall bereduced to writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signedby the employees or representative of employees, and a copy shall be provided the employer or his agent nolater than at the time of inspection, except that, upon the request of the person giving such notice, his nameand the names of individual employees referred to there in shall not appear in such copy or on any recordpublished, released, or made available pursuant to subsection (g) of this section. If upon receipt of suchnotification the Secretary determines there are reasonable grounds to believe that such violation or dangerexists, he shall make a special inspection in accordance with the provisions of this section as soon aspracticable, to determine if such violation or danger exists. If the Secretary determines there are noreasonable grounds to believe that a violation or danger exists he shall notify the employees or representativeof the employees in writing of such determination. (2) Prior to or during any inspection of a workplace, any employees or representative of employees employedin such workplace may notify the Secretary or any representative of the Secretary responsible for conductingthe inspection, in writing, of any violation of this Act which they have reason to believe exists in suchworkplace. The Secretary shall,by regulation, establish procedures for informal review of any refusal by arepresentative of the Secretary to issue a citation with respect to any such alleged violation and shall furnishthe employees or representative of employees requesting such review a written statement of the reasons forthe Secretary's final disposition of the case.

(g) (1) The Secretary and Secretary of Health, Education, and Welfare are authorized to compile, analyze, andpublish, either in summary or detailed form, all reports or information obtained under this section. (2) The Secretary and the Secretary of Health, Education, and Welfare shall each prescribe such rules and

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regulations as he may deem necessary to carry out their responsibilities under this Act, including rules andregulations dealing with the inspection of an employer's establishment.

CITATIONS

Section 9.(a) If, upon inspection or investigation, the Secretary or his authorized representative believes that an employerhas violated a requirement of section 5 of this Act, of any standard, rule or order promulgated pursuant to section6 of this Act, or of any regulations prescribed pursuant to this Act, he shall with reasonable promptness issue acitation to the employer. Each citation shall be in writing and shall describe with particularity the nature of theviolation, including a reference to the provision of the Act, standard, rule, regulation, or order alleged to have beenviolated. In addition, the citation shall fix a reasonable time for the abatement of the violation. The Secretary mayprescribe procedures for the issuance of a notice in lieu of a citation with respect to de minimis violations whichhave no direct or immediate relationship to safety or health.

(b) Each citation issued under this section, or a copy or copies thereof, shall be prominently posted, as prescribedin regulations issued by the Secretary, at or near each place a violation referred to in the citation occurred.

(c) No citation may be issued under this section after the expiration of six months following the occurrence of anyviolation.

PROCEDURE FOR ENFORCEMENT

Section 10.(a) If, after an inspection or investigation, the Secretary issues a citation under section 9(a), he shall, within areasonable time after the termination of such inspection or investigation, notify the employer by certified mail ofthe penalty, if any, proposed to be assessed under section 17 and that the employer has fifteen working days withinwhich to notify the Secretary that he wishes to contest the citation or proposed assessment of penalty. If, withinfifteen working days from the receipt of the notice issued by the Secretary the employer fails to notify the Secretarythat he intends to contest the citation or proposed assessment of penalty, and no notice is filed by any employeesor representative of employees under subsection (c) within such time, the citation and the assessment, as proposed,shall be deemed a final order of the Commission and not subject to review by any court or agency.

(b) If the Secretary has reason to believe that an employer has failed to correct a violation for which a citation hasbeen issued within the period permitted for its correction (which period shall not begin to run until the entry of afinal order by the Commission in the case of any review proceedings under this section initiated by the employerin good faith and not solely for delay or avoidance of penalties), the Secretary shall notify the employer by certifiedmail of such failure and of the penalty proposed to be assessed under section 17 by reason of such failure, and thatthe employer has fifteen working days within which to notify the Secretary that he wishes to contest the Secretary'snotification or the proposed assessment of penalty. If, within fifteen working days from the receipt of notificationissued by the Secretary, the employer fails to notify the Secretary that he intends to contest the notification orproposed assessment of penalty, the notification and assessment, as proposed, shall be deemed a final order of theCommission and not subject to review by any court or agency.

(c) If an employer notifies the Secretary that he intends to contest a citation issued under section 9(a) ornotification issued under subsection(a) or (b) of this section, or if, within fifteen working days of the issuance ofa citation under section 9(a), any employee or representative of employees files a notice with the Secretary alleging

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that the period of time fixed in the citation for the abatement of the violation is unreasonable, the Secretary shallimmediately advise the Commission of such notification, and the Commission shall afford an opportunity for ahearing (in accordance with section 554 of title 5, United States Code,but without regard to subsection (a) (3) ofsuch section). The Commission shall there after issue an order, based on findings of fact, affirming, modifying, orvacating the Secretary's citation or proposed penalty, or directing other appropriate relief, and such order shallbecome final thirty days after its issuance. Upon a showing by an employer of a good faith effort to comply withthe abatement requirements of a citation, and that abatement has not been completed because of factors beyondhis reasonable control, the Secretary, after an opportunity for a hearing as provided in this subsection, shall issuean order affirming or modifying the abatement requirements in such citation. The rules of procedure prescribedby the Commission shall provide affected employees or representatives of affected employees an opportunity toparticipate as parties to hearings under this subsection.

JUDICIAL REVIEW

Section 11.(a) Any person adversely affected or aggrieved by an order of the Commission issued under subsection (c) ofsection 10 may obtain a review of such order in any United States court of appeals for the circuit in which theviolation is alleged to have occurred or where the employer has its principal office, or in the Court of Appeals forthe District of Columbia Circuit, by filing in such court within sixty days following the issuance of such order awritten petition praying that the order be modified or set aside. A copy of such petition shall be forthwithtransmitted by the clerk of the court to the Commission and to the other parties, and there upon the Commissionshall file in the court the record in the proceeding as provided in section 2112 of title 28, United States Code. Uponsuch filing, the court shall have jurisdiction of the proceeding and of the question determined there in, and shallhave power to grant such temporary relief or restraining order as it deems just and proper, and to make and enterupon the pleadings, testimony, and proceedings set forth in such record a decree affirming, modifying, or settingaside in whole or in part, the order of the Commission and enforcing the same to the extent that such order isaffirmed or modified. The commencement of proceedings under this subsection shall not, unless ordered by thecourt, operate as a stay of the order of the Commission. No objection that has not been urged before theCommission shall be considered by the court, unless the failure or neglect to urge such objection shall be excusedbecause of extraordinary circumstances. The findings of the Commission with respect to questions of fact, ifsupported by substantial evidence on the record considered as a whole, shall be conclusive. If any party shall applyto the court for leave to adduce additional evidence and shall show to the satisfaction of the court that suchadditional evidence is material and that there were reasonable grounds for the failure to adduce such evidence inthe hearing before the Commission, the court may order such additional evidence to be taken before theCommission and to be made a part of the record. The Commission may modify its findings as to the facts, or makenew findings, by reason of additional evidence so taken and filed, and it shall file such modified or new findings,which findings with respect to questions of fact, if supported by substantial evidence on the record considered asa whole, shall be conclusive, and its recommendations, if any, for the modification or setting a side of its originalorder. Upon the filing of the record with it, the jurisdiction of the court shall be exclusive and its judgment anddecree shall be final, except that the same shall be subject to review by the Supreme Court of the United States, asprovided in section 1254 of title 28, United States Code. Petitions filed under this subsection shall be heardexpeditiously.

(b) The Secretary may also obtain review or enforcement of any final order of the Commission by filing a petitionfor such relief in the United States court of appeals for the circuit in which the alleged violation occurred or inwhich the employer has its principal office, and the provisions of subsection (a) shall govern such proceedings tothe extent applicable. If no petition for review, as provided in subsection (a), is filed within sixty days after serviceof the Commission's order, the Commission's findings of fact and order shall be conclusive in connection with any

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petition for enforcement which is filed by the Secretary after the expiration of such sixty-day period. In any suchcase, as well as in the case of a noncontested citation or notification by the Secretary which has become a final orderof the Commission under subsection (a) or (b) of section 10, the clerk of the court, unless otherwise ordered by thecourt, shall forthwith enter a decree enforcing the order and shall transmit a copy of such decree to the Secretaryand the employer named in the petition. In any contempt proceeding brought to enforce a decree of a court ofappeals entered pursuant to this subsection or subsection (a),the court of appeals may assess the penalties providedin section 17, in addition to invoking any other available remedies.

(c) (1) No person shall discharge or in any manner discriminate against any employee because such employeehas filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act orhas testified or is about to testify in any such proceeding or because of the exercise by such employee onbehalf of himself or others of any right afforded by this Act. (2) Any employee who believes that he has been discharged or otherwise discriminated against by any personin violation of this subsection may,within thirty days after such violation occurs, file a complaint with theSecretary alleging such discrimination. Upon receipt of such complaint,the Secretary shall cause suchinvestigation to be made as he deems appropriate. If upon such investigation, the Secretary determines thatthe provisions of this subsection have been violated, he shall bring an action in any appropriate United Statesdistrict court against such person. In any such action the United States district courts shall have jurisdiction,for cause shown to restrain violations of paragraph (1) of this subsection and order all appropriate reliefincluding rehiring or reinstatement of the employee to his former position with back pay. (3) Within 90 days of the receipt of a complaint filed under this subsection the Secretary shall notify thecomplainant of his determination under paragraph 2 of this subsection.

THE OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

Section 12.(a) The Occupational Safety and Health Review Commission is hereby established. The Commission shall becomposed of three members who shall be appointed by the President, by and with the advice and consent of theSenate, from among persons who by reason of training, education, or experience are qualified to carry out thefunctions of the Commission under this Act. The President shall designate one of the members of the Commissionto serve as Chairman. (b) The terms of members of the Commission shall be six years except that (1) the members of the Commissionfirst taking office shall serve, as designated by the President at the time of appointment, one for a term of two years,one for a term of four years, and one for a term of six years,and (2) a vacancy caused by the death, resignation, orremoval of a member prior to the expiration of the term for which he was appointed shall be filled only for theremainder of such unexpired term. A member of the Commission may be removed by the President forinefficiency, neglect of duty, or malfeasance in office.

(c) (1) Section 5314 of title 5, United States Code, is amended by adding at the end thereof the following newparagraph:

"(57) Chairman, Occupational Safety and Health Review Commission." (2) Section 5315 of title 5, United States Code, is amended by adding at the end there of the following newparagraph:

"(94) Members, Occupational Safety and Health Review Commission."

(d) The principal office of the Commission shall be in the District of Columbia. Whenever the Commission deems

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that the convenience of the public or of the parties may be promoted, or delay or expense may be minimized, it mayhold hearings or conduct other proceedings at any other place.

(e) The Chairman shall be responsible on behalf of the Commission for the administrative operations of theCommission and shall appoint such hearing examiners and other employees as he deems necessary to assist in theperformance of the Commission's functions and to fix their compensation in accordance with the provisions ofchapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and GeneralSchedule pay rates: Provided, That assignment, removal and compensation of hearing examiners shall be inaccordance with sections 3105, 3344, 5362, and 7521 of title 5, United States Code.

(f) For the purpose of carrying out its functions under this Act, two members of the Commission shall constitutea quorum and official action can be taken only on the affirmative vote of at least two members.

(g) Every official act of the Commission shall be entered of record, and its hearings and records shall be open tothe public. The Commission is authorized to make such rules as are necessary for the orderly transaction of itsproceedings. Unless the Commission has adopted a different rule, its proceedings shall be in accordance with theFederal Rules of Civil Procedure.

(h) The Commission may order testimony to be taken by deposition in any proceedings pending before it at anystate of such proceeding. Any person may be compelled to appear and depose, and to produce books, papers, ordocuments, in the same manner as witnesses may be compelled to appear and testify and produce like documentaryevidence before the Commission. Witnesses whose depositions are taken under this subsection, and the personstaking such depositions, shall be entitled to the same fees as are paid for like services in the courts of the UnitedStates.

(i) For the purpose of any proceeding before the Commission, the provisions of section 11 of the National LaborRelations Act (29 U.S.C.161) are hereby made applicable to the jurisdiction and powers of the Commission.

(j) A hearing examiner appointed by the Commission shall hear, and make a determination upon, any proceedinginstituted before the Commission and any motion in connection there with, assigned to such hearing examiner bythe Chairman of the Commission, and shall make a report of any such determination which constitutes his finaldisposition of the proceedings. The report of the hearing examiner shall become the final order of the Commissionwithin thirty days after such report by the hearing examiner, unless within such period any Commission memberhas directed that such report shall be reviewed by the Commission.

(k) Except as otherwise provided in this Act, the hearing examiners shall be subject to the laws governingemployees in the classified civil service, except that appointments shall be made without regard to section 5108 oftitle 5, United States Code. Each hearing examiner shall receive compensation at a rate not less than that prescribedfor G-16 under section 5332 of title 5, United States Code.

PROCEDURES TO COUNTERACT IMMINENT DANGERS

Section 13.(a) The United States district courts shall have jurisdiction, upon petition of the Secretary, to restrain anyconditions or practices in anyplace of employment which are such that a danger exists which could reasonably beexpected to cause death or serious physical harm immediately or before the imminence of such danger can beeliminated through the enforcement procedures otherwise provided by this Act. Any order issued under thissection may require such steps to be taken as may be necessary to avoid, correct, or remove such imminent danger

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and prohibit the employment or presence of any individual in locations or under conditions where such imminentdanger exists, except individuals whose presence is necessary to avoid, correct, or remove such imminent dangeror to maintain the capacity of a continuous process operation to resume normal operations without a completecessation of operations, or where a cessation of operations is necessary, to permit such to be accomplished in a safeand orderly manner.

(b) Upon the filing of any such petition the district court shall have jurisdiction to grant such injunctive relief ortemporary restraining order pending the outcome of an enforcement proceeding pursuant to this Act. Theproceeding shall be as provided by Rule 65 of the Federal Rules, Civil Procedure, except that no temporaryrestraining order issued without notice shall be effective for a period longer than five days.

(c) Whenever and as soon as an inspector concludes that conditions or practices described in subsection (a) existin any place of employment, he shall inform the affected employees and employers of the danger and that he isrecommending to the Secretary that relief be sought.

(d) If the Secretary arbitrarily or capriciously fails to seek relief under this section, any employee who may beinjured by reason of such failure, or the representative of such employees, might bring an action against theSecretary in the United States district court for the district in which the imminent danger is alleged to exist or theemployer has its principal office, or for the District of Columbia, for a writ of mandamus to compel the Secretaryto seek such an order and for such further relief as may be appropriate.

REPRESENTATION IN CIVIL LITIGATION

Section 14.Except as provided in section 518(a) of title 28, United States Code, relating to litigation before the Supreme Court,the Solicitor of Labor may appear for and represent the Secretary in any civil litigation brought under this Act butall such litigation shall be subject to the direction and control of the Attorney General.

CONFIDENTIALITY OF TRADE SECRETS

Section 15.All information reported to or otherwise obtained by the Secretary or his representative in connection with anyinspection or proceeding under this Act which contains or which might reveal a trade secret referred to in section1905 of title 18 of the United States Code shall be considered confidential for the purpose of that section, exceptthat such information may be disclosed to other officers or employees concerned with carrying out this Act or whenrelevant in any proceeding under this Act. In any such proceeding the Secretary, the Commission, or the court shallissue such orders as may be appropriate to protect the confidentiality of trade secrets.

VARIATIONS, TOLERANCES, AND EXEMPTIONS

Section 16.The Secretary, on the record, after notice and opportunity for a hearing may provide such reasonable limitationsand may make such rules and regulations allowing reasonable variations, tolerances, and exemptions to and fromany or all provisions of this Act as he may find necessary and proper to avoid serious impairment of the nationaldefense. Such action shall not be in effect for more than six months without notification to affected employeesand an opportunity being afforded for a hearing.

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PENALTIES

Section 17.(a) Any employer who willfully or repeatedly violates the requirements of section 5 of this Act, any standard, rule,or order promulgated pursuant to section 6 of this Act, or regulations prescribed pursuant to this Act, may beassessed a civil penalty of not more than $70,000 for each violation, but not less than $5,000 for each willfulviolation.

(b) Any employer who has received a citation for a serious violation of the requirements of section 5 of this Act,of any standard, rule, or order promulgated pursuant to section 6 of this Act, or of any regulations prescribedpursuant to this Act, shall be assessed a civil penalty of up to $7,000 for each such violation.

(c) Any employer who has received a citation for a violation of the requirements of section 5 of this Act, of anystandard, rule, or order promulgated pursuant to section 6 of this Act, or of regulations prescribed pursuant to thisAct, and such violation is specifically determined not to be of a serious nature, may be assessed a civil penalty ofup to $7,000 for each violation.

(d) Any employer who fails to correct a violation for which a citation has been issued under section 9 (a) withinthe period permitted for its correction (which period shall not begin to run until the date of the final order of theCommission in the case of any review proceeding under section 10 initiated by the employer in good faith and notsolely for delay or avoidance of penalties), may be assessed a civil penalty of not more than $7,000 for each dayduring which such failure or violation continues.

(e) Any employer who willfully violates any standard, rule, or order promulgated pursuant to section 6 of this Act,or of any regulations prescribed pursuant to this Act, and that violation caused death to any employee, shall, uponconviction, be punished by a fine of not more than $10,000 or by imprisonment for not more than six months, orby both; except that if the conviction is for a violation committed after a first conviction of such person,punishment shall be by a fine of not more than $20,000 or by imprisonment for not more than one year, or by both.

(f) Any person who gives advance notice of any inspection to be conducted under this Act, without authority fromthe Secretary or his designees, shall, upon conviction, be punished by a fine of not more than $1,000 or byimprisonment for not more than six months, or by both.

(g) Who ever knowingly makes any false statement, representation, or certification in any application, record,report, plan, or other document filed or required to be maintained pursuant to this Act shall, upon conviction, bepunished by a fine of not more than $10,000, or by imprisonment for not more than six months, or by both.

(h) (1) Section 1114 of title 18, United States Code, is hereby amended by striking out "designated by theSecretary of Health, Education, and Welfare to conduct investigations, or inspections under the Federal Food,Drug, and Cosmetic Act" and inserting in lieu there of "or of the Department of Labor assigned to performinvestigative, inspection, or law enforcement functions". (2) Not withstanding the provisions of sections 1111 and 1114 of title 18, United States Code, whoever, inviolation of the provisions of section 1114 of such title, kills a person while engaged in or on account of theperformance of investigative, inspection, or law enforcement functions added to such section 1114 byparagraph (1) of this subsection, and who would otherwise be subject to the penalty provisions of suchsection 1111, shall be punished by imprisonment for any term of years or for life.

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(i) Any employer who violates any of the posting requirements, as prescribed under the provisions of this Act, shallbe assessed a civil penalty of up to $7,000 for each violation.

(j) The Commission shall have authority to assess all civil penalties provided in this section, giving dueconsideration to the appropriateness of the penalty with respect to the size of the business of the employer beingcharged, the gravity of the violation, the good faith of the employer, and the history of previous violations.

(k) For purposes of this section, a serious violation shall be deemed to exist in a place of employment if there isa substantial probability that death or serious physical harm could result from a condition which exists, or from oneor more practices, means, methods, operations, or processes which have been adopted or are in use, in such placeof employment unless the employer did not, and could not with the exercise of reasonable diligence, know of thepresence of the violation.

(l) Civil penalties owed under this Act shall be paid to the Secretary for deposit into the Treasury of the UnitedStates and shall accrue to the United States and may be recovered in a civil action in the name of the United Statesbrought in the United States district court for the district where the violation is alleged to have occurred or wherethe employer has its principal office.

STATE JURISDICTION AND STATE PLANS

Section 18.(a) Nothing in this Act shall prevent any State agency or court from asserting jurisdiction under State law over anyoccupational safety or health issue with respect to which no standard is in effect under section 6.

(b) Any State which, at any time, desires to assume responsibility for development and enforcement therein ofoccupational safety and health standards relating to any occupational safety or health issue with respect to whicha Federal standard has been promulgated under section 6 shall submit a State plan for the development of suchstandards and their enforcement.

(c) The Secretary shall approve the plan submitted by a State under subsection (b), or any modification thereof,if such plan in his judgement -

(1) designates a State agency or agencies as the agency or agencies responsible for administering the planthroughout the State, (2) provides for the development and enforcement of safety and health standards relating to one or moresafety or health issues, which standards (and the enforcement of which standards) are or will be at least aseffective in providing safe and healthful employment and places of employment as the standardspromulgated under section 6 which relate to the same issues, and which standards, when applicable toproducts which are distributed or used in interstate commerce, are required by compelling local conditionsand do not unduly burden interstate commerce, (3) provides for a right of entry and inspection of all workplaces subject to the Act which is at least aseffective as that provided in section 8, and includes a prohibition on advance notice of inspections, (4) contains satisfactory assurances that such agency or agencies have or will have the legal authority andqualified personnel necessary for the enforcement of such standards, (5) gives satisfactory assurances that such State will devote adequate funds to the administration andenforcement of such standards, (6) contains satisfactory assurances that such State will, to the extent permitted by its law, establish andmaintain an effective and comprehensive occupational safety and health program applicable to all employeesof public agencies of the State and its political subdivisions, which program is as effective as the standards

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contained in an approved plan, (7) requires employers in the State to make reports to the Secretary in thesame manner and to the same extent as if the plan were not in effect, and (8) provides that the State agency will make such reports to the Secretary in such form and containing suchinformation, as the Secretary shall from time to time require.

(d) If the Secretary rejects a plan submitted under subsection (b), he shall afford the State submitting the plan duenotice and opportunity for a hearing before so doing.

(e) After the Secretary approves a State plan submitted under subsection (b), he may, but shall not be required to,exercise his authority under sections 8, 9, 10, 13, and 17 with respect to comparable standards promulgated undersection 6, for the period specified in the next sentence. The Secretary may exercise the authority referred to aboveuntil he determines, on the basis of actual operations under the State plan, that the criteria set forth in subsection(c) are being applied, but he shall not make such determination for at least three years after the plan's approval undersubsection (c). Upon making the determination referred to in the preceding sentence, the provisions of sections5 (a) (2), 8 (except for the purpose of carrying out subsection (f) of this section), 9, 10, 13, and 17, and standardspromulgated under section 6 of this Act, shall not apply with respect to any occupational safety or health issuescovered under the plan, but the Secretary may retain jurisdiction under the above provisions in any proceedingcommenced under section 9 or 10 before the date of determination.

(f) The Secretary shall, on the basis of reports submitted by the State agency and his own inspections make acontinuing evaluation of the manner in which each State having a plan approved under this section is carrying outsuch plan. When ever the Secretary finds, after affording due notice and opportunity for a hearing, that in theadministration of the State plan there is a failure to comply substantially with any provision of the State plan (or anyassurance contained therein), he shall notify the State agency of his withdrawal of approval of such plan and uponreceipt of such notice such plan shall cease to be in effect, but the State may retain jurisdiction in any casecommenced before the withdrawal of the plan in order to enforce standards under the plan when ever the issuesinvolved do not relate to the reasons for the withdrawal of the plan.

(g) The State may obtain a review of a decision of the Secretary with drawing approval of or rejecting its plan bythe United States court of appeals for the circuit in which the State is located by filing in such court within thirtydays following receipt of notice of such decision a petition to modify or set aside in whole or in part the action ofthe Secretary. A copy of such petition shall forthwith be served upon the Secretary, and there upon the Secretaryshall certify and file in the court the record upon which the decision complained of was issued as provided in section2112 of title 28, United States Code. Unless the court finds that the Secretary's decision in rejecting a proposedState plan or with drawing his approval of such a plan is not supported by substantial evidence the court shall affirmthe Secretary's decision. The judgment of the court shall be subject to review by the Supreme Court of the UnitedStates upon certiorari or certification as provided in section 1254 of title 28,United States Code.

(h) The Secretary may enter into an agreement with a State under which the State will be permitted to continueto enforce one or more occupational health and safety standards in effect in such State until final action is takenby the Secretary with respect to a plan submitted by a State under subsection (b) of this section, or two years fromthe date of enactment of this Act, whichever is earlier.

FEDERAL AGENCY SAFETY PROGRAMS AND RESPONSIBILITIES

Section 19.(a) It shall be the responsibility of the head of each Federal agency to establish and maintain an effective andcomprehensive occupational safety and health program which is consistent with the standards promulgated under

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section 6. The head of each agency shall (after consultation with representatives of the employees thereof)(1) provide safe and healthful places and conditions of employment, consistent with the standards set undersection 6; (2) acquire, maintain, and require the use of safety equipment, personal protective equipment, and devicesreasonably necessary to protect employees; (3) keep adequate records of all occupational accidents and illnesses for proper evaluation and necessarycorrective action; (4) consult with the Secretary with regard to the adequacy as to form and content of records kept pursuantto subsection (a)(3) of this section; and (5) make an annual report to the Secretary with respect to occupational accidents and injuries and theagency's program under this section. Such report shall include any report submitted under section 7902(e)(2)of title 5, United States Code.

(b) The Secretary shall report to the President a summary or digest of reports submitted to him under subsection(a)(5) of this section, together with his evaluations of and recommendations derived from such reports. ThePresident shall transmit annually to the Senate and the House of Representatives a report of the activities of Federalagencies under this section.

(c) Section 7902 (c) (1) of title 5, United States Code, is amended by inserting after "agencies" the following: "andof labor organizations representing employees".

(d) The Secretary shall have access to records and reports kept and filed by Federal agencies pursuant tosubsections (a) (3) and (5) of this section unless those records and reports are specifically required by Executiveorder to be kept secret in the interest of the national defense or foreign policy, in which case the Secretary shall haveaccess to such information as will not jeopardize national defense or foreign policy.

RESEARCH AND RELATED ACTIVITIES

Section 20.(a) (1) The Secretary of Health, Education, and Welfare, after consultation with the Secretary and with other

appropriate Federal departments or agencies, shall conduct (directly or by grants or contracts) research,experiments, and demonstrations relating to occupational safety and health, including studies of psychologicalfactors involved, and relating to innovative methods, techniques, and approaches for dealing withoccupational safety and health problems.(2) The Secretary of Health, Education, and Welfare shall from time to time consult with the Secretary inorder to develop specific plans for such research, demonstrations, and experiments as are necessary toproduce criteria, including criteria identifying toxic substances, enabling the Secretary to meet hisresponsibility for the formulation of safety and health standards under this Act; and the Secretary of Health,Education, and Welfare, on the basis of such research, demonstrations, and experiments and any otherinformation available to him, shall develop and publish at least annually such criteria as will effectuate thepurposes of this Act.(3) The Secretary of Health, Education, and Welfare, on the basis of such research, demonstrations, andexperiments, and any other information available to him, shall develop criteria dealing with toxic materialsand harmful physical agents and substances which will describe exposure levels that are safe for variousperiods of employment, including but not limited to the exposure levels at which no employee will sufferimpaired health or functional capacities or diminished life expectancy as a result of his work experience. (4) The Secretary of Health, Education, and Welfare shall also conduct special research, experiments, anddemonstrations relating to occupational safety and health as are necessary to explore new problems, including

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those created by new technology in occupational safety and health, which may require ameliorative actionbeyond that which is otherwise provided for in the operating provisions of this Act. The Secretary of Health,Education, and Welfare shall also conduct research into the motivational and behavioral factors relating tothe field of occupational safety and health. (5) The Secretary of Health, Education, and Welfare, in order to comply with his responsibilities underparagraph (2), and in order to develop needed information regarding potentially toxic substances or harmfulphysical agents, may prescribe regulations requiring employers to measure, record, and make reports on theexposure of employees to substances or physical agents which the Secretary of Health, Education, andWelfare reasonably believes may endanger the health or safety of employees. The Secretary of Health,Education, and Welfare also is authorized to establish such programs of medical examinations and tests asmay be necessary for determining the incidence of occupational illnesses and the susceptibility of employeesto such illnesses. Nothing in this or any other provision of this Act shall be deemed to authorize or requiremedical examination, immunization, or treatment for those who object there to on religious grounds, exceptwhere such is necessary for the protection of the health or safety of others. Upon the request of anyemployer who is required to measure and record exposure of employees to substances or physical agents asprovided under this subsection, the Secretary of Health, Education, and Welfare shall furnish full financialor other assistance to such employer for the purpose of defraying any additional expense incurred by him incarrying out the measuring and recording as provided in this subsection. (6) The Secretary of Health, Education, and Welfare shall publish within six months of enactment of thisAct and there after as needed but at least annually a list of all known toxic substances by generic family orother useful grouping, and the concentrations at which such toxicity is known to occur. He shall determinefollowing a written request by any employer or authorized representative of employees, specifying withreasonable particularity the grounds on which the request is made, whether any substance normally found inthe place of employment has potentially toxic effects in such concentrations as used or found; and shallsubmit such determination both to employers and affected employees as soon as possible. If the Secretaryof Health, Education, and Welfare determines that any substance is potentially toxic at the concentrations inwhich it is used or found in a place of employment, and such substance is not covered by an occupationalsafety or health standard promulgated under section 6, the Secretary of Health, Education, and Welfare shallimmediately submit such determination to the Secretary, together with all pertinent criteria. (7) Within two years of enactment of the Act, and annually there after the Secretary of Health, Education,and Welfare shall conduct and publish industry wide studies of the effect of chronic or low-level exposureto industrial materials, processes, and stresses on the potential for illness, disease, or loss of functional capacityin aging adults.

(b) The Secretary of Health, Education, and Welfare is authorized to make inspections and question employersand employees as provided in section 8 of this Act in order to carry out his functions and responsibilities under thissection.

(c) The Secretary is authorized to enter into contracts, agreements, or other arrangements with appropriate publicagencies or private organizations for the purpose of conducting studies relating to his responsibilities under this Act.In carrying out his responsibilities under this subsection, the Secretary shall cooperate with the Secretary of Health,Education, and Welfare in order to avoid any duplication of efforts under this section.

(d) Information obtained by the Secretary and the Secretary of Health, Education, and Welfare under this sectionshall be disseminated by the Secretary to employers and employees and organizations thereof.

(e) The functions of the Secretary of Health, Education, and Welfare under this Act shall, to the extent feasible,be delegated to the Director of the National Institute for Occupational Safety and Health established by section 22of this Act.

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TRAINING AND EMPLOYEE EDUCATION

Section 21.(a) The Secretary of Health, Education, and Welfare, after consultation with the Secretary and with otherappropriate Federal departments and agencies, shall conduct, directly or by grants or contracts (1) educationprograms to provide an adequate supply of qualified personnel to carry out the purposes of this Act, and (2)informational programs on the importance of and proper use of adequate safety and health equipment.

(b) The Secretary is also authorized to conduct, directly or by grants or contracts, short-term training of personnelengaged in work related to his responsibilities under this Act.

(c) The Secretary, in consultation with the Secretary of Health, Education, and Welfare, shall (1) provide for theestablishment and supervision of programs for the education and training of employers and employees in therecognition, avoidance, and prevention of unsafe or unhealthful working conditions in employments covered bythis Act, and (2) consult with and advise employers and employees, and organizations representing employers andemployees as to effective means of preventing occupational injuries and illnesses.

NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH

Section 22.(a) It is the purpose of this section to establish a National Institute for Occupational Safety and Health in theDepartment of Health, Education, and Welfare in order to carry out the policy set forth in section 2 of this Act andto perform the functions of the Secretary of Health, Education, and Welfare under sections 20 and 21 of this Act.

(b) There is hereby established in the Department of Health, Education,and Welfare a National Institute forOccupational Safety and Health. The Institute shall be headed by a Director who shall be appointed by theSecretary of Health, Education, and Welfare, and who shall serve for a term of six years unless previously removedby the Secretary of Health, Education, and Welfare.

(c) The Institute is authorized to - (1) develop and establish recommended occupational safety and health standards; and (2) perform all functions of the Secretary of Health, Education, and Welfare under sections 20 and 21 ofthis Act.

(d) Upon his own initiative, or upon the request of the Secretary of Health, Education, and Welfare, the Directoris authorized (1) to conduct such research and experimental programs as he determines are necessary for thedevelopment of criteria for new and improved occupational safety and health standards, and (2) after considerationof the results of such research and experimental programs make recommendations concerning new or improvedoccupational safety and health standards. Any occupational safety and health standard recommended pursuant tothis section shall immediately be forwarded to the Secretary of Labor, and to the Secretary of Health, Education,and Welfare. (e) In addition to any authority vested in the Institute by other provisions of this section, the Director, in carryingout the functions of the Institute, is authorized to -

(1) prescribe such regulations as he deems necessary governing the manner in which its functions shall becarried out; (2) receive money and other property donated, bequeathed, or devised, without condition or restriction otherthan that it be used for the purposes of the Institute and to use, sell, or other wise dispose of such property

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for the purpose of carrying out its functions; (3) receive (and use, sell, or otherwise dispose of, in accordance with paragraph (2)), money and otherproperty donated, bequeathed, or devised to the Institute with a condition or restriction, including acondition that the Institute use other funds of the Institute for the purposes of the gift; (4) in accordance with the civil service laws, appoint and fix the compensation of such personnel as may benecessary to carry out the provisions of this section; (5) obtain the services of experts and consultants in accordance with the provisions of section 3109 of title5, United States Code; (6) accept and utilize the services of voluntary and noncompensated personnel and reimburse them fortravel expenses, including per diem, as authorized by section 5703 of title 5, United States Code; (7) enter into contracts, grants or other arrangements, or modifications there of to carry out the provisionsof this section, and such contracts or modifications there of may be entered into without performance orother bonds, and without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5), or anyother provision of law relating to competitive bidding; (8) make advance, progress, and other payments which the Director deems necessary under this title withoutregard to the provisions of section 3648 of the Revised Statutes, as amended (31 U.S.C. 529); and (9) make other necessary expenditures.

(f) The Director shall submit to the Secretary of Health, Education, and Welfare, to the President, and to theCongress an annual report of the operations of the Institute under this Act, which shall include a detailed statementof all private and public funds received and expended by it, and such recommendations as he deems appropriate.

GRANTS TO THE STATES

Section 23.(a) The Secretary is authorized, during the fiscal year ending June 30,1971, and the two succeeding fiscal years, tomake grants to the States which have designated a State agency under section 18 to assist them -

(1) in identifying their needs and responsibilities in the area of occupational safety and health, (2) indeveloping State plans under section 18, or (3) in developing plans for -

(A) establishing systems for the collection of information concerning the nature and frequency ofoccupational injuries and diseases; (B) increasing the expertise and enforcement capabilities of their personnel engaged in occupationalsafety and health programs; or (C) otherwise improving the administration and enforcement of State occupational safety and healthlaws, including standards there under, consistent with the objectives of this Act.

(b) The Secretary is authorized, during the fiscal year ending June 30,1971, and the two succeeding fiscal years, tomake grants to the States for experimental and demonstration projects consistent with the objectives set forth insubsection (a) of this section.

(c) The Governor of the State shall designate the appropriate State agency for receipt of any grant made by theSecretary under this section.

(d) Any State agency designated by the Governor of the State desiring a grant under this section shall submit anapplication therefore to the Secretary.

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(e) The Secretary shall review the application, and shall, after consultation with the Secretary of Health, Education,and Welfare, approve or reject such application.

(f) The Federal share for each State grant under subsection (a) or (b)of this section may not exceed 90 percentumof the total cost of the application. In the event the Federal share for all States under either such subsection is notthe same, the differences among the States shall be established on the basis of objective criteria.

(g) The Secretary is authorized to make grants to the States to assist them in administering and enforcing programsfor occupational safety and health contained in State plans approved by the Secretary pursuant to section 18 of thisAct. The Federal share for each State grant under this subsection may not exceed 50 percentum of the total costto the State of such a program. The last sentence of subsection (f) shall be applicable in determining the Federalshare under this subsection. (h) Prior to June 30, 1973, the Secretary shall, after consultation with the Secretary of Health, Education, andWelfare, transmit a report to the President and to the Congress, describing the experience under the grant programsauthorized by this section and making any recommendation she may deem appropriate.

STATISTICS

Section 24.(a) In order to further the purposes of this Act, the Secretary, in consultation with the Secretary of Health,Education, and Welfare, shall develop and maintain an effective program of collection, compilation, and analysisof occupational safety and health statistics. Such program may cover all employments whether or not subject toany other provisions of this Act but shall not cover employments excluded by section 4 of the Act.The Secretaryshall compile accurate statistics on work injuries and illnesses which shall include all disabling, serious, or significantinjuries and illnesses, whether or not involving loss of time from work, other than minor injuries requiring only firstaid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion,or transfer to another job. (b) To carry out his duties under subsection (a) of this section, the Secretary may -

(1) promote, encourage, or directly engage in programs of studies, information and communicationconcerning occupational safety and health statistics; (2) make grants to States or political subdivisions there of in order to assist them in developing andadministering programs dealing with occupational safety and health statistics; and (3) arrange, through grants or contracts, for the conduct of such research and investigations as give promiseof furthering the objectives of this section.

(c) The Federal share for each grant under subsection (b) of this section may be up to 50 percentum of the State'stotal cost.

(d) The Secretary may, with the consent of any State or political subdivision there of, accept and use the services,facilities, and employees of the agencies of such State or political subdivision, with or without reimbursement, inorder to assist him in carrying out his functions under this section. (e) On the basis of the records made and kept pursuant to section 8(c) of this Act, employers shall file such reportswith the Secretary as he shall prescribe by regulation, as necessary to carry out his functions under this Act.

(f) Agreements between the Department of Labor and States pertaining to the collection of occupational safetyand health statistics already in effect on the effective date of this Act shall remain in effect until superseded by grantsor contracts made under this Act.

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AUDITS

Section 25.(a) Each recipient of a grant under this Act shall keep such records as the Secretary or the Secretary of Health,Education, and Welfare shall prescribe, including records which fully disclose the amount and disposition by suchrecipient of the proceeds of such grant, the total cost of the project or under taking in connection with which suchgrant is made or used, and the amount of that portion of the cost of the project or under taking supplied by othersources, and such other records as will facilitate an effective audit.

(b) The Secretary or the Secretary of Health, Education, and Welfare, and the Comptroller General of the UnitedStates, or any of their duly authorized representatives, shall have access for the purpose of audit and examinationto any books, documents, papers, and records of the recipients of any grant under this Act that are pertinent to anysuch grant.

ANNUAL REPORT

Section 26.Within one hundred and twenty days following the convening of each regular session of each Congress, theSecretary and the Secretary of Health, Education, and Welfare shall each prepare and submit to the President fortransmittal to the Congress a report upon the subject matter of this Act, the progress toward achievement of thepurpose of this Act, the needs and requirements in the field of occupational safety and health, and any otherrelevant information. Such reports shall include information regarding occupational safety and health standards,and criteria for such standards, developed during the preceding year; evaluation of standards and criteria previouslydeveloped under this Act, defining areas of emphasis for new criteria and standards; an evaluation of the degree ofobservance of applicable occupational safety and health standards, and a summary of inspection and enforcementactivity undertaken; analysis and evaluation of research activities for which results have been obtained undergovernmental and nongovernmental sponsorship; an analysis of major occupational diseases; evaluation of availablecontrol and measurement technology for hazards for which standards or criteria have been developed during thepreceding year; description of cooperative efforts undertaken between Government agencies and other interestedparties in the implementation of this Act during the preceding year; a progress report on the development of anadequate supply of trained manpower in the field of occupational safety and health, including estimates of futureneeds and the efforts being made by Government and others to meet those needs; listing of all toxic substances inindustrial usage for which labeling requirements, criteria, or standards have not yet been established; and suchrecommendations for additional legislation as are deemed necessary to protect the safety and health of the workerand improve the administration of this Act.

NATIONAL COMMISSION ON STATE WORKMEN'S COMPENSATION LAWS

Section 27.(a) (1) The Congress hereby finds and declares that -

(A) the vast majority of American workers, and their families, are dependent on workmen'scompensation for their basic economic security in the event such workers suffer disabling injury ordeath in the course of their employment; and that the full protection of American workers fromjob-related injury or death requires an adequate, prompt, and equitable system of workmen'scompensation as well as an effective program of occupational health and safety regulation; and (B) in recent years serious questions have been raised concerning the fairness and adequacy of presentworkmen's compensation laws in the light of the growth of the economy, the changing nature of thelabor force, increases in medical knowledge, changes in the hazards associated with various types of

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employment, new technology creating new risks to health and safety, and increases in the general levelof wages and the cost of living.

(2) The purpose of this section is to authorize an effective study and objective evaluation of State workmen'scompensation laws in order to determine if such laws provide an adequate, prompt, and equitable system ofcompensation for injury or death arising out of or in the course of employment.

(b) There is hereby established a National Commission on State Workmen's Compensation Laws.

(c) (1) The Workmen's Compensation Commission shall be composed of fifteen members to be appointed bythe President from among members of State workmen's compensation boards, representatives of insurancecarriers, business, labor, members of the medical profession having experience in industrial medicine or inworkmen's compensation cases, educators having special expertise in the field of workmen'scompensation,and representatives of the general public. The Secretary, the Secretary of Commerce, and theSecretary of Health, Education, and Welfare shall be ex officio members of the Workmen's CompensationCommission: (2) Any vacancy in the Workmen's Compensation Commission shall not affect its powers.(3) The President shall designate one of the members to serve as Chairman and one to serve as ViceChairman of the Workmen's Compensation Commission. (4) Eight members of the Workmen's Compensation Commission shall constitute a quorum.

(d) (1) The Workmen's Compensation Commission shall undertake a comprehensive study and evaluation ofState workmen's compensation laws in order to determine if such laws provide an adequate, prompt, andequitable system of compensation. Such study and evaluation shall include, without being limited to, thefollowing subjects: (A) the amount and duration of permanent and temporary disability benefits and thecriteria for determining the maximum limitations there on, (B) the amount and duration of medical benefitsand provisions insuring adequate medical care and free choice of physician, (C) the extent of coverage ofworkers, including exemptions based on numbers or type of employment, (D) standards for determiningwhich injuries or diseases should be deemed compensable, (E) rehabilitation, (F) coverage under second orsubsequent injury funds, (G) time limits on filing claims, (H) waiting periods, (I) compulsory or electivecoverage, (J) administration, (K) legal expenses, (L) the feasibility and desirability of a uniform system ofreporting information concerning job-related injuries and diseases and the operation of workmen'scompensation laws, (M) the resolution of conflict of laws, extraterritoriality and similar problems arising fromclaims with multistate aspects, (N) the extent to which private insurance carriers are excluded from supplyingworkmen's compensation coverage and the desirability of such exclusionary practices, to the extent they arefound to exist, (O) the relationship between workmen's compensation on the one hand, and old-age,disability, and survivors insurance and other types of insurance, public or private, on the other hand, (P)methods of implementing the recommendations of the Commission. (2) The Workmen's Compensation Commission shall transmit to the President and to the Congress not laterthan July 31, 1972, a final report containing a detailed statement of the findings and conclusions of theCommission, together with such recommendations as it deems advisable.

(e) (1) The Workmen's Compensation Commission or, on the authorization of the Workmen's CompensationCommission, any subcommittee or members there of, may, for the purpose of carrying out the provisionsof this title, hold such hearings, take such testimony, and sit and act at such times and places as theWorkmen's Compensation Commission deems advisable. Any member authorized by the Workmen'sCompensation Commission may administer oaths or affirmations to witnesses appearing before theWorkmen's Compensation Commission or any subcommittee or members thereof. (2) Each department, agency, and instrumentality of the executive branch of the Government, includingindependent agencies, is authorized and directed to furnish to the Workmen's Compensation Commission,upon request made by the Chairman or Vice Chairman, such information as the Workmen's CompensationCommission deems necessary to carry out its functions under this section.

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(f) Subject to such rules and regulations as may be adopted by the Workmen's Compensation Commission, theChairman shall have the power to -

(1) appoint and fix the compensation of an executive director, and such additional staff personnel as hedeems necessary, without regard to the provisions of title 5, United States Code, governing appointmentsin the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter53 of such title relating to classification and General Schedule pay rates, but at rates not in excess of themaximum rate for G-18 of the General Schedule under section 5332 of such title, and (2) procure temporary and intermittent services to the same extent as is authorized by section 3109 of title5, United States Code.

(g) The Workmen's Compensation Commission is authorized to enter into contracts with Federal or State agencies,private firms, institutions, and individuals for the conduct of research or surveys, the preparation of reports, andother activities necessary to the discharge of its duties.

(h) Members of the Workmen's Compensation Commission shall receive compensation for each day they areengaged in the performance of their duties as members of the Workmen's Compensation Commission at the dailyrate prescribed for G-18 under section 5332 of title 5, United States Code, and shall be entitled to reimbursementfor travel, subsistence, and other necessary expenses incurred by them in the performance of their duties asmembers of the Workmen's Compensation Commission.

(i) There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions ofthis section.

(j) On the ninetieth day after the date of submission of its final report to the President, the Workmen'sCompensation Commission shall cease to exist.

ECONOMIC ASSISTANCE TO SMALL BUSINESSES

Section 28.(a) Section 7(b) of the Small Business Act, as amended, is amended -

(1) by striking out the period at the end of "paragraph (5)" and inserting in lieu thereof "; and"; and; (2) by adding after paragraph (5) a new paragraph as follows: "(6) to make such loans (either directly or incooperation with banks or other lending institutions through agreements to participate on an immediate ordeferred basis) as the Administration may determine to be necessary or appropriate to assist any smallbusiness concern in effecting additions to or alterations in the equipment, facilities, or methods of operationof such business in order to comply with the applicable standards promulgated pursuant to section 6 of theOccupational Safety and Health Act of 1970 or standards adopted by a State pursuant to a plan approvedunder section 18 of the Occupational Safety and Health Act of 1970, if the Administration determines thatsuch concern is likely to suffer substantial economic injury without assistance under this paragraph."

(b) The third sentence of section 7(b) of the Small Business Act, as amended, is amended by striking out "or (5)"after "paragraph (3)" and inserting a comma followed by "(5) or (6)".

(c) Section 4 (c) (1) of the Small Business Act, as amended, is amended by inserting "7 (b) (6)," after "7 (b) (5),".

(d) Loans may also be made or guaranteed for the purposes set forth in section 7 (b) (6) of the Small Business Act,as amended, pursuant to the provisions of section 202 of the Public Works and Economic Development Act of1965, as amended.

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ADDITIONAL ASSISTANT SECRETARY OF LABOR

Section 29.(a) Section 2 of the Act of April 17, 1946 (60 Stat. 91) as amended (29 U.S.C. 553) is amended by -

(1) striking out "four" in the first sentence of such section and inserting in lieu thereof "five"; and (2) adding at the end there of the following new sentence, "One of such Assistant Secretaries shall be anAssistant Secretary of Labor for Occupational Safety and Health.".

(b) Paragraph (20) of section 5315 of title 5, United States Code, is amended by striking out "(4)" and inserting inlieu there of "(5)".

ADDITIONAL POSITIONS

Section 30.Section 5108(c) of title 5, United States Code, is amended by -

(1) striking out the word "and" at the end of paragraph (8); (2) striking out the period at the end of paragraph (9) and inserting in lieu there of a semicolon and the word"and"; and (3) by adding immediately after paragraph (9) the following new paragraph:"(10)(A) the Secretary of Labor, subject to the standards and procedures prescribed by this chapter, mayplace an additional twenty-five positions in the Department of Labor in G-16, 17, and 18 for the purposesof carrying out his responsibilities under the Occupational Safety and Health Act of 1970; "(B) the Occupational Safety and Health Review Commission, subject to the standards and proceduresprescribed by this chapter, may place ten positions in G-16, 17, and 18 in carrying out its functions under theOccupational Safety and Health Act of 1970."

EMERGENCY LOCATOR BEACONS

Section 31.Section 601 of the Federal Aviation Act of 1958 is amended by inserting at the end thereof a new subsection asfollows:

"Emergency Locator Beacons

"(d)(1) Except with respect to aircraft described in paragraph (2) of this subsection, minimum standards pursuantto this section shall include a requirement that emergency locator beacons shall be installed -

"(A) on any fixed-wing, powered aircraft for use in air commerce the manufacture of which iscompleted, or which is imported into the United States, after one year following the date of enactmentof this subsection; and "(B) on any fixed-wing, powered aircraft used in air commerce after three years following such date.

"(2) The provisions of this subsection shall not apply to jet-powered aircraft; aircraft used in air transportation (otherthan air taxis and charter aircraft); military aircraft; aircraft used solely for training purposes not involving flightsmore than twenty miles from its base; and aircraft used for the aerial application of chemicals."

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SEPARABILITY

Section 32.If any provision of this Act, or the application of such provision to any person or circumstance, shall be held invalid,the remainder of this Act, or the application of such provision to persons or circumstances other than those as towhich it is held invalid, shall not be affected thereby.

APPROPRIATIONS

Section 33.There are authorized to be appropriated to carry out this Act for each fiscal year such sums as the Congress shalldeem necessary.

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EFFECTIVE DATE

Section 34.This Act shall take effect one hundred and twenty days after the date of its enactment.

Approved December 29, 1970. Amended November 5, 1990.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 91-1291 accompanying H.R. 16785 (Comm. on Education and Labor) and No. 91-1765(Comm. of Conference).

SENATE REPORT: No. 91-1282 (Comm. on Labor and Public Welfare).

CONGRESSIONAL RECORD, Vol. 116 (1970): Oct. 13, Nov. 16, 17, considered and passed Senate. Nov. 23, 24, considered and passed House, amended, in lieu of H.R. 16785. Dec. 16, Senate agreed to conference report. Dec. 17, House agreed to conference report.

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Presidential DocumentsExecutive Order 12196. February 26, 1980Occupational Safety and Health Programs for Federal Employees

By the authority vested in me as President by the Constitution and statutes of the United States ofAmerica, including Section 7902(c) of Title 5 of the United States Code and in accord withSection 19 of the Occupational Safety and Health Act of 1970, as amended (29 U.S.C. 668), it isordered:

1-1 Scope of this Order.

1-101. This order applies to all agencies of the Executive Branch except military personnel anduniquely military equipment, systems, and operations.

1-102. For the purposes of this order, the term "agency" means an Executive department, asdefined in j U.S.C. 101, or any employing unit or authority of the Federal government, other thanthose of the judicial and legislative branches. Since section 19 of the Occupational Safety andHealth Act ("the Act") covers all Federal employees, however, the Secretary of Labor ("theSecretary") shall cooperate and consult with the heads of agencies in the legislative and judicialbranches of the government to help them adopt safety and health programs.

1-2. Heads of Agencies.

1-201. The head of each agency shall:

(a) Furnish to employees places and conditions of employment that are free from recognizedhazards that are causing or are likely to cause death or serious physical harm.

(b) Operate an occupational safety and health program in accordance with the requirementsof this order and basic program elements promulgated by the Secretary.

(c) Designate an agency official with sufficient authority to represent the interest and supportof

the agency head to be responsible for the management and administration of the agencyoccupational safety and health program.

(d) Comply with all standards issued under section 6 of the Act, except where the Secretaryapproves compliance with alternative standards. When an agency head determines itnecessary to apply a different standard, that agency head shall, after consultation withappropriate occupational safety and health committees where established, notify theSecretary and provide justification that equivalent or greater protection will be assured bythe alternate standard.

(e) Assure prompt abatement of unsafe or unhealthy working conditions. Whenever an agency

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cannot promptly abate such conditions, it shall develop an abatement plan setting forth atimetable for abatement and a summary of interim steps to protect employees. Employeesexposed to the conditions shall be informed of the provisions of the plan. When a hazardcannot be abated without assistance of the General Services Administration or otherFederal lessor agency, an agency shall act with the lessor agency to secure abatement.

(f) Establish procedures to assure that no employee is subject to restraint, interference,coercion,

discrimination or reprisal for filing a report of an unsafe or unhealthy working condition,or other participation in agency occupational safety and health program activities.

(g) Assure that periodic inspections of all agency workplaces are performed by personnel withequipment and competence to recognize hazards.

(h) Assure response to employee reports of hazardous conditions and require inspectionswithin

twenty-four hours for imminent dangers, three working days for potential seriousconditions, and twenty working days for other conditions. Assure the right to anonymityof those making the reports.

(i) Assure that employee representatives accompany inspections of agency workplaces.

(j) Operate an occupational safety and health management information system, which shallinclude the maintenance of such records as the Secretary may require.

(k) Provide safety and health training for supervisory employees, employees responsible forconducting occupational safety and health inspections, all members of occupational safetyand health committees where established, and other employees.

(1) Submit to the Secretary an annual report on the agency occupational safety and healthprogram that includes information the Secretary prescribes.

1-3. Occupational Safety and Health Committees.

1-301. Agency heads may establish occupational safety and health committees. If committees areestablished, they shall be established at both the national level and, for agencies with field orregional offices, other appropriate levels. The committees shall be composed of representatives ofmanagement and an equal number of nonmanagement employees or their representatives. Wherethere are exclusive bargaining representatives for employees at the national or other level in anagency, such representatives shall select the appropriate nonmanagement members of thecommittee.

1-302. The committees shall, except where prohibited by law,

(a) Have access to agency information relevant to their duties, including information on thenature and hazardousness of substances in agency workplaces.

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(b) Monitor performance, including agency inspections, of the agency safety and healthprograms

at the level they are established.

(c) Consult and advise the agency on the operation of the program.

1-303. A Committee may request the Secretary of Labor to conduct an evaluation or inspectionpursuant to this order if half of a Committee is not substantially satisfied with an agency'sresponse to a report of hazardous working conditions.

1-4. Department of Labor.

1-401. The Secretary of Labor shall:

(a) Provide leadership and guidance to the heads of agencies to assist them with theiroccupational safety and health responsibilities.

(b) Maintain liaison with the Office of Management and Budget in matters relating to thisorder

and coordinate the activities of the Department with those of other agencies that haveresponsibilities or functions related to Federal employee safety and health, including theOffice of Personnel Management, the Department of Health, Education, and Welfare, andthe General Services Administration.

(c) Issue, subject to the approval of the Director of the Office of Management and Budget,and in

consultation with the Federal Advisory Council on Occupational Safety and Health, a setof basic program elements. The program elements shall help agency heads establishoccupational safety and health committees and operate effective occupational safety andhealth programs, and shall provide flexibility to each agency head to implement a programconsistent with its mission, size and organization. Upon request of an agency head, andafter consultation with the Federal Advisory Council on Occupational Safety and Health,the Secretary may approve alternate program elements.

(d) Prescribe recordkeeping and reporting requirements.

(e) Assist agencies by providing training materials, and by conducting training programs uponrequest and with reimbursement.

(f) Facilitate the exchange of ideas and information throughout the government aboutoccupational safety and health.

(g) Provide technical services to agencies upon request, where the Secretary deems necessary,and with reimbursement. These services may include studies of accidents, causes of injuryand illness, identification of unsafe and unhealthful working conditions, and means toabate hazards.

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(h) Evaluate the occupational safety and health programs of agencies and promptly submitreports to the agency heads. The evaluations shall be conducted through such scheduledheadquarters or field reviews, studies or inspections as the Secretary deems necessary, atleast annually for the larger or more hazardous agencies or operations, and as theSecretary deems appropriate for the smaller or less hazardous agencies.

(i) Conduct unannounced inspections of agency workplaces when the Secretary determinesnecessary if an agency does not have occupational safety and health committees; or inresponse to reports of unsafe or unhealthful working conditions, upon request ofoccupational safety and health committees under Section 1-3; or, in the case of a report ofan imminent danger, when such a committee has not responded to an employee who hasalleged to it that the agency has not adequately responded to a report as required in 1-201(h). When the Secretary or his designee performs an inspection and discovers unsafe orunhealthy conditions, a violation of any provisions of this order, or any safety or healthstandards adopted by an agency pursuant to this order, or any program element approvedby the Secretary, he shall promptly issue a report to the head of the agency and to theappropriate occupational safety and health committee, if any. The report shall describe thenature of the findings and may make recommendations for correcting the violation.

(j) Submit to the President each year a summary report of the status of the occupationalsafety

and health of Federal employees, and, together with agency response, evaluations ofindividual agency progress and problems in correcting unsafe and unhealthful workingconditions, and recommendations for improving their performance.

(k) Submit to the President unresolved disagreements between the Secretary and agencyheads,

with recommendations.

(1) Enter into agreements or other arrangements as necessary or appropriate with the NationalInstitute for Occupational Safety and Health and delegate to it the inspection andinvestigation authority provided under this section.

1-5. The Federal Advisory Council on Occupational Safety ant Health.

1-501. The Federal Advisory Council on Occupational Safety and Health, established pursuant toExecutive Order No. 11612, is continued. It shall advise the Secretary in carrying outresponsibilities under this order. The Council shall consist of sixteen members appointed by theSecretary, of whom eight shall be representatives of Federal agencies and eight shall berepresentatives of labor organizations representing Federal employees. The members shall servethree-year terms with the terms of five or six members expiring each year, provided this Council isrenewed every two years in accordance with the Federal Advisory Committee Act. The memberscurrently serving on the Council shall be deemed to be its initial members under this order andtheir terms shall expire in accordance with the terms of their appointment.

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1-502. The Secretary, or a designee, shall serve as the Chairman of the Council, and shallprescribe rules for the conduct of its business.

1-503. The Secretary shall make available necessary office space and furnish the Councilnecessary equipment, supplies, and staff services, and shall perform such functions with respect tothe Council as may be required by the Federal Advisory Committee Act, as amended (5 U.S.C.App. I).

1-6. General Services Administration.

1-601. Within six months of the effective date of this order the Secretary of Labor and theAdministrator of the General Services Administration shall initiate a study of conflicts that mayexist in their standards and other requirements affecting Federal employee safety and health, andshall establish a procedure for resolving conflicting standards for space leased by the GeneralServices Administration.

1-602. In order to assist the agencies in carrying out their duties under Section 19 of the Act andthis order the Administrator shall:

(a) Upon request, require personnel of the General Services Administration to accompany theSecretary or an agency head on any inspection or investigation conducted pursuant to thisorder of a facility subject to the authority of the General Services Administration.

(b) Assure prompt attention to reports from agencies of unsafe or unhealthy conditions offacilities subject to the authority of the General Services Administration; where abatementcannot be promptly effected, submit to the agency head a timetable for action to correctthe conditions; and give priority in the allocation of resources available to theAdministrator for prompt abatement of the conditions.

(c) Procure and provide safe supplies, devices, and equipment, and establish and maintain aproduct safety program for those supplies, devices, equipment and services furnished toagencies, including the issuance of Material Safety Data Sheets when hazardoussubstances are furnished them.

1-7. General Provisions.

1-701. Employees shall be authorized official time to participate in the activities provided for bythis order.

1-702. Nothing in this order shall be construed to impair or alter the powers and duties of theSecretary or heads of other Federal agencies pursuant to Section 19 of the Occupational Safetyand Health Act of 1970, Chapter 71 of Title 5 of the United States Code, Sections 7901, 7902,and 7903 of Title 5 of the United States Code, nor shall it be construed to alter any otherprovisions of law or Executive Order providing for collective bargaining agreements and relatedprocedures, or affect the responsibilities of the Director of Central Intelligence to protectintelligence sources and methods (50 U.S.C. 403(d) (3) ).

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1-703. Executive Order No. 11807 of September 28, 1974, is revoked.

1-704. This order is effective July 1, 1980.JIMMY CARTERThe White House,February 26, 1980.

[Filed with the Office of the Federal Register, 11:39 a.m., February 26, 1980]